THIS IS AN APO PURSUANT TO CLEAN WATER ACT SEC 309(G) ISSUED TO HAWAIIAN ELECTRIC CO., INC (HECO). THE VIOLATIONS TOOK PLACE AT THE WAIAU GENERATING STATION AND INVOLVE FAILURE TO CONDUCT MONITORING AS REQUIRED BY AN NPDES PERMIT AND FAILURE TO ADHERE TO CERTAIN STORM WATER DISCHARGE BEST MANAGEMENT PRACTICE REQUIREMENTS SET FORTH IN THE HECO'S NPDES PERMIT. EPA REGION 9 AND HECO HAVE ENTERED INTO A CONSENT AGREEMENT SERVING BOTH AS A COMPLAINT INITIATING PROCEEDINGS AND A SETTLEMENT AGREEMENT WHICH TERMINATES PROCEEDINGS. THE CONSENT AGREEMENT REQUIRES HECO TO PAY A $100,00 PENALTY.